Author

BAISALUEVA E.F.

Title of article

ILLEGAL EXEMPTION FROM CRIMINAL LIABILITY AS A FORM
OF AVOIDING CRIMINAL PROSECUTION BY OFFICIALS

Section

Section 4. Criminal Law

Issue, year

4 (42) 2017

Abstract

The author of the article analyzes the characteristics of the objective side of illegal exemption from criminal liability and the relevant materials of law enforcement practice. It is concluded that this crime can be committed only by inaction, as the prosecutor or investigator do not fulfill the obligation to carry out criminal prosecution imposed on them by the criminal procedure legislation in case theyunlawfully release the suspect or the accused from criminal liability. The lack of criminal and
procedural legal grounds for exemption from criminal liability gives an objective reason for initiating a criminal case on the basis of the elements of the crime provided by article 300 of the Criminal Code of
the Russian Federation. In this case, the breach of the corresponding procedural form of such release would not fall under the characteristics of illegal exemption from criminal responsibility. The time of the
completion of the considered crime is associated with the moment of giving legal effect to the decision to terminate the criminal case – when it is signed by a law enforcer.

Keywords

crimes against justice; criminal liability; termination of criminal proceedings; illegal exemption from criminal liability; suspect; accused; prosecutor; investigator; inquirer